Summary On the true construction of a shareholders agreement, the claimant was entitled to exercise an option in respect of all, one third or two thirds of the original 12 shares owned by it. Facts The claimant (W) sought specific performance of a shareholders agreement and summary judgment. W and the...
Summary Partnership property could be held by partners as joint tenants where there was clear evidence of their intention to vary the normal rule that property bought with partnership money was deemed to have been bought for the partnership. Facts The defendant (S) appealed against a decision of a county...
Summary Law of Property Act 1925 s.193(4), which made it an offence to drive without lawful authority on a common to which the section applied, did not prevent a person who had contravened it from acquiring an easement by prescription or the doctrine of lost modern grant because there was no...
Summary The defendant (N) applied for an order that the claimant (H) should specifically perform his obligations contained in a schedule to a Tomlin order. Facts H was the holder of one share in Crampton Bros (Coopers) Ltd (the company). Four hundred shares in the company, which were registered in...
Summary A company was rightly ordered to be wound up on the basis of a debt due to Customs for liability to excise duty under the Excise Duty Points (Duty Suspended Movements of Excise Goods) Regulations 2001 reg.7(2). Facts A company (C) and the individual (S) who owned and controlled it...
Summary The disclosure by administrative receivers to a debenture holder of documents passing between a company and its solicitors was outside the receivers' powers and could not have the effect of waiving the company's right to confidence and privilege in the documents. Facts The defendant (S) appealed against orders refusing...
Summary A solicitor who was employed on a general retainer had the necessary authority to do all that was necessary to bring a piece of litigation to a conclusion. Facts Zegluga Polska SA (Z) applied for a stay of two sets of proceedings pending the determination of issues relating to...
Summary [For the background, see Shirayama Shokusan v Danovo, 5.12.03] Following Blackburne J's earlier order for compulsory mediation, a representative of the Claimants (Mr Okamoto), whose attendance the Judge had earlier described as "essential", refused to attend the mediation, and the 1st to 5th Claimants sought to attend the mediation through...
Summary Two out of four parties to a contract could make a binding ad hoc agreement to refer a dispute between those two parties to a sole arbitrator despite the provisions of an arbitration clause in the contract. Facts The claimant (Z) applied under the Arbitration Act 1996 s.67 for an...